The Constitution & The Courts

We discuss an innovative framework to reclaim our constitutional future from a Supreme Court that has amassed power for itself and undermined how we govern ourselves. 

We discuss the hidden power inside the U.S. Constitution, what it was designed to protect against, and how it can fortify American democracy today.

We discuss Inclusive Constitutionalism, a fresh way to interpret the Constitution that makes inclusive democracy real. By contrast, originalism interprets the meaning of the Constitution as fixed in time in the 1800s and ignores the constitutional amendments during reconstruction that were designed to foster a multiracial democracy.

We discuss why the Constitution—the document we've been taught to revere as the very foundation of American democracy—might actually be responsible for the current crisis in government. It might be leading us away from a more perfect union and toward destruction or even secession.

We discuss how the Supreme Court’s lawlessness is fueled by the conservative grievance mindset where Republicans believe they are victims of laws they don’t agree with. The Supreme Court has played an important role in enabling the current administration’s actions.

We discuss rethinking the Constitution as a way to reimagine democracy. In addition, we examine the role of constitutionalism in exporting the principles of democracy as the underpinning of American imperialism.

We discuss whether executive orders can change the Constitution, the ongoing transformation of executive power, and the true intersection of the Constitution and democracy.

We discuss many of our rights that are at risk under the new Trump administration, what our rights actually are–like due process and the 1st amendment, and an action plan for when they come under attack with Monica Hopkins of the ACLU-DC.

A.J. Jacobs is a journalist and author. His most recent book is The Year of Living Constitutionally: One Man’s Humble Quest to Follow the Constitution's Original Meaning. We discuss how the Founding Fathers prized humility, experimentation, and a willingness to change their own minds.

Madiba Dennie is Deputy Editor and Senior Contributor at the critical legal commentary outlet Balls and Strikes. Her debut book is The Originalism Trap: How Extremists Stole the Constitution and How We The People Can Take it Back. We discuss a fresh way to interpret the Constitution.

Jeffrey Rosen is the president and CEO of the National Constitution Center and the author of The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America. We discuss how the Constitution is a framework for a productive conversation for people with fundamentally different points of view.